46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO SHOPPING MALLS; GRANTING PERSONS CERTAIN RIGHTS OF NONCOMMERCIAL COMMUNICATION, EXPRESSION AND SOLICITATION ON THE PROPERTY OF PRIVATELY OWNED LARGE SHOPPING MALLS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHOPPING MALLS--RIGHTS OF A PERSON TO ENGAGE IN NONCOMMERCIAL COMMUNICATION, EXPRESSION AND SOLICITATION ON PREMISES.--

A. A person has the right to engage in noncommercial oral communication with others, distribute noncommercial literature, solicit individuals' signatures on noncommercial petitions or express opinions and views of a noncommercial nature in the common public areas of a privately owned shopping mall having leased space and common areas totaling one hundred thousand or more square feet if the specified activities do not interfere with the business of the mall or its tenants.

B. The owner of the mall or his authorized delegate may impose reasonable restrictions on the time, place and manner of engaging in the activities described in Subsection A of this section if the focus and result of the imposition of the restrictions are to prevent interference with the business of the mall or its tenants.

C. The owner of the mall or his authorized delegate

shall not:

(1) require the payment of fees by a person as a condition of exercising the right to engage in the activities described in Subsection A of this section; and

(2) impose preconditions to engaging in the activities that reasonably may have the effect of depriving a person of the rights granted in Subsection A of this section.

D. The owner of the mall or his authorized delegate shall not exclude from the mall noncommercial materials distributed or used in the activities described in Subsection A of this section, but may exclude materials that would not be protected by the first amendment to the United States constitution if the materials were distributed or used on a public sidewalk.